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(영문) 수원지방법원 여주지원 2016.10.26 2016고단669

집회및시위에관한법률위반

Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On November 8, 2012, the Defendant was sentenced to a suspended sentence of three years for a crime of bodily injury resulting from special obstruction of performance of official duties at the Seoul Central District Court, which became final and conclusive on November 16, 2012, and is currently in the period of suspended execution. On March 25, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor for special injury, etc. at the Suwon District Court, which became final and conclusive on September 28, 2016.

【Criminal Facts】

1. No person participating in an outdoor assembly or demonstration shall hold any outdoor assembly or stage any demonstration at a place within 100 meters from the boundary of the National Assembly's assembly or demonstration;

Nevertheless, the Defendant, as the director of the headquarters headquarters of the Democratic Labor Group D Headquarters from May 6, 2015 to from May 19:30, 2015, as the place where an outdoor assembly or demonstration is prohibited, proposed relief, such as “Woo,” by inserting approximately 200 members of the Joint Declaration Headquarters, along with the term “public pension opening site,” and “a pension opening to the pension site,” in front of the National Assembly’s death at a place within 100 meters from the boundary of the National Assembly Party located within the territory of Yeongdeungpo-gu Seoul Metropolitan City, the place where the outdoor assembly or demonstration is prohibited.

Accordingly, the Defendant held an outdoor assembly or demonstration at a place where an outdoor assembly or demonstration is prohibited.

2. The Defendant, who did not comply with the dispersion order, received a voluntary dispersion order at around 14:38 on the same day from the head of the same police station and the head of the Seoul police station who was ordered by the head of the Seoul police station, the competent police station, to prohibit access roads prior to the National Assembly, which is an absolute prohibition place of an assembly or demonstration, and proceed with an illegal assembly because he/she constitutes an assembly at a place where an assembly or demonstration is prohibited.” On the same day, the Defendant was ordered to voluntarily dissolve around 14:38 on the same day, the first dispersion order at around 15:00 on the same day, the second dispersion order at around 15:08 on the same day, the second dispersion order at around 15:18 on the same day, the third dispersion order at around 15:56 on the same day, the fourth dispersion order at around 16:

Nevertheless, the Defendant, without good cause, up to 19:30 on the same day.